2,371. A Doubtful Case of Chadash

Maachalos Assuros 10:4

If grain took root before the omer was brought, it may be eaten after the omer is brought even though it didn’t mature until later. Grain that took root after the omer was brought is prohibited until the omer is brought the following year even though it was planted beforehand. This halacha applies in every time and place under Biblical law.

Maachalos Assuros 10:5

Let’s say that some grain took root after the omer. It was harvested and then this wheat was planted in the ground. Later, the omer of the following year was brought while these kernels were still in the ground. In such a case, there’s a doubt as to whether bringing the omer permitted these kernels as it would have if they’d been stored in a jar, or if it didn’t permit them because they were negated by planting them in the ground. Because of this doubt, if someone collected and ate them, he’s not liable for lashes, but he is given stripes for acting rebelliously. Similar to this is the case of a stalk that reached a third of its growth before the omer was brought. If someone uprooted and replanted it after the omer was brought and it grew, there’s a doubt as to whether it’s prohibited until the omer of the following year is brought because of the growth, or not prohibited because it took root before the omer was brought.